Courts / Meath / Report

Gardai to give evidence anonymously with public excluded from court at non-jury trial

Summary

The Special Criminal Court has ruled that evidence from eleven Garda National Surveillance Unit members in the retrial of Edward McGrath and Sharif Kelly must be given anonymously with the public excluded. McGrath (35) and Kelly (46) have pleaded not guilty to the alleged murder of dissident republican Peter Butterly, a 35-year-old father of three, who was shot dead in Gormanston, Co Meath, in March 2013. McGrath also denied unlawful possession of a Beretta pistol and ammunition. The court is proceeding with the trial in the absence of third accused Dean Evans, who has not been located. This is the second trial for McGrath and Kelly, following the collapse of the original proceedings in January 2015. Prosecuting counsel stated that protected witness David Cullen would testify that Kelly instructed him to collect and hide the gun, and that Kelly's role was to pick up McGrath and Evans after the deed was done. Cullen was previously sentenced to seven years imprisonment, with three and a half years suspended, after pleading guilty to firearms charges in July 2014. The court accepted that surveillance of alleged paramilitaries is a dangerous aspect of policing, justifying the exclusion of the public and the use of initials for witness identities. The trial is continuing before Mr Justice Tony Hunt, sitting with Judges John O'Hagan and Anne Ryan.

Who, what, where, when and why

What: Report matter: Gardai to give evidence anonymously with public excluded from court at non-jury trial. Charges or matters: the murder of the 35-year-old father of three. Procedural stage: sentence

When:

• March 6, 2013 Incident
• 2017-01-17 Publication

Case subjects

Places mentioned

Topics

Stage Sentence Violent Crime

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Read the original CNI report